The National Popular Vote bill would guarantee a majority of the Electoral College to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The bill would reform the Electoral College so that the electoral vote in the Electoral College reflects the choice of the nation's voters for President of the United States. more

11 Enactments

The National Popular Vote bill has been enacted into law in states possessing 165 electoral votes — 61% of the 270 electoral votes needed to activate the legislation.

A survey of 1,045 South Dakota voters conducted on January 28–30, 2011, showed 71% overall support for the idea that the President of the United States should be the candidate who receives the most popular votes in all 50 states. Voters were asked:

"How do you think we should elect the President: Should it be the candidate who gets the most votes in all 50 states, or the current Electoral College system?"
By political affiliation, support for a national popular vote was 61% among Republicans, 82% among Democrats, and 77% among others. By gender, support was 83% among women and 59% among men. By age, support was 73% among 18-29 year olds, 67% among 30-45 year olds, 70% among 46-65 year olds, and 77% for those older than 65. The survey was conducted by Public Policy Polling, and has a margin of error of plus or minus 3 1/2%.

In a second question in the 2011 poll, 78% of South Dakota voters said "yes" in response to the question:

"Do you think that South Dakota voters should be given the chance to vote on the question of whether the President should be elected by a national popular vote OR by the current Electoral College system?"

A survey of 800 South Dakota voters conducted on May 19-20, 2009 showed 75% overall support for the idea that the President of the United States should be the candidate who receives the most popular votes in all 50 states. Voters were asked:

"How do you think we should elect the President: Should it be the candidate who gets the most votes in all 50 states, or the current Electoral College system?"

Then, voters asked a second question that emphasized that South Dakota's electoral votes would be awarded to the winner of the national popular vote in all 50 states, not South Dakota, vote. In this second question, 67% of South Dakota voters favored a national popular vote. Voters were asked:

"Do you think it more important that a state's electoral votes be cast for the presidential candidate who receives the most popular votes in that state, or is it more important to guarantee that the candidate who receives the most popular votes in all 50 states becomes president?"

The results of the first question, by political affiliation, was 84% among Democrats, 67% among Republicans, and 75% among others. By gender, support was 83% among women and 67% among men. By age, support was 73% among 18-29 year olds, 68% among 30-45 year olds, 79% among 46-65 year olds, and 76% for those older than 65.

The results of the second question, by political affiliation, was 78% among Democrats, 58% among Republicans, and 65% among others. By gender, support was 76% among women and 57% among men. By age, support was 57% among 18-29 year olds, 55% among 30-45 year olds, 71% among 46-65 year olds, and 73% for those older than 65.

In 1966, Delaware Attorney General David P. Buckson filed a lawsuit on behalf of the state of Delaware against New York (and other states) concerning the use of the winner-take-all rule in presidential elections. Under the winner-take-all rule (also called the "unit rule" or "general ticket" system), all of a state's electoral votes are awarded to the candidate who receives the most popular votes in each separate state. In 1966, Delaware led a group of 12 predominantly low-population states (including North Dakota, South Dakota, Wyoming, Utah, Arkansas, Kansas, Oklahoma, Iowa, Kentucky, Florida, Pennsylvania) in suing New York in the U.S. Supreme Court. In State of Delaware v. State of New York, the plaintiff states argued that New York's use of the winner-take-all rule effectively disenfranchised voters in their states. The Supreme Court declined to hear the case (presumably because of the well-established constitutional provision that the manner of awarding electoral votes is exclusively a state decision). Ironically, the defendant (New York) is no longer an influential closely divided battleground state (as it was in the 1960s). Today, New York suffers the very same disenfranchisement as most of the less populous states because it too has become politically non-competitive. Today, a vote in New York is equal to a vote in Delaware: votes in both are equally irrelevant in presidential elections.

Under the current system of electing the President, a candidate may win a majority of the Electoral College without having a majority of the nationwide popular vote. The National Popular Vote bill would reform the Electoral College by guaranteeing the Presidency to the presidential candidate who receives the most popular votes in all 50 states (and the District of Columbia). The bill would enact the proposed interstate compact entitled the "Agreement Among the States to Elect the President by National Popular Vote." The compact would take effect only when enacted, in identical form, by states possessing a majority of the membership of the Electoral College (that is 270 of 538 electoral votes). Under the compact, all of the members of the Electoral College from all states belonging to the compact would be from the same political party as the winner of nationwide popular vote. Thus, the presidential candidate who receives the most popular votes in all 50 states (and the District of Columbia) will be guaranteed a majority of the Electoral College, and hence the Presidency. Because the compact guarantees a majority of the Electoral College to the winner of most popular votes nationwide, the compact has the additional benefit of eliminating the possibility that a presidential election might be thrown into the U.S. House of Representatives (with each state casting one vote).

Reform the Electoral College so that the electoral vote reflects the nationwide popular vote for President